Developing a Normative Framework for the Protection of Internally Displaced Persons


Book Description

The author presents a systematic review of the role of treaties in international law and seeks to demonstrate that their importance is today somewhat overstated given the extent to which States and other organizations tend to resort to more flexible means of standard-setting in order to promote respect for human rights. As this text demonstrates, the collaboration of various governmental, intergovernmental and non-governmental representatives can result in an instrument which may be broader in scope and more progressive in content. If reinforced by suitable implementation measures, it can be even more effective than a treaty in regulating States' activities. Published under the Transnational Publishers imprint.




The Internally Displaced Person in International Law


Book Description

While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.




Developing a Normative Framework for the Protection of Internally Displaced Persons


Book Description

The author presents a systematic review of the role of treaties in international law and seeks to demonstrate that their importance is today somewhat overstated given the extent to which States and other organizations tend to resort to more flexible means of standard-setting in order to promote respect for human rights. As this text demonstrates, the collaboration of various governmental, intergovernmental and non-governmental representatives can result in an instrument which may be broader in scope and more progressive in content. If reinforced by suitable implementation measures, it can be even more effective than a treaty in regulating States’ activities. Published under the Transnational Publishers imprint.




Development-induced Displacement and Human Rights in Africa


Book Description

Within the context of the 2009 Kampala Convention, this book examines how a balance can be struck between the imperative of development projects and the rights of persons likely to be displaced in Africa. Following independence, many African states embarked on large-scale development projects such as dams, urban renewal and extraction of natural resources and have had to grapple with how to protect displaced communities while implementing development projects. These projects were considered a panacea for Africa’s development and the economic interests of the majority were often considered over and above the interests of the minority of people who were displaced by these projects .This book examines how a balance can be struck between the imperative of development and the rights of displaced persons within the context of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention). Romola Adeola analyses the obligations that are placed on African states by the Kampala Convention in the context of development-induced displacement. This book will be of interest to scholars of human rights law, forced migration, African Studies and development.




Masses in Flight


Book Description

Since the end of the Cold War, increasing numbers of people have been forced to leave their homes as a result of armed conflict, internal strife, and systematic violations of human rights. Whereas refugees crossing national borders benefit from an established system of international protection and assistance, those who are displaced internally suffer from an absence of legal or institutional bases for their protection and assistance from the international community. This book analyzes the causes and consequences of displacement, including its devastating impact both within and beyond the borders of affected countries. It sets forth strategies for preventing displacement, a special legal framework tailored to the needs of the displaced, more effective institutional arrangements at the national, regional, and international levels, and increased capacities to address the protection, human rights, and reintegration and development needs of the displaced.




The International Protection of Internally Displaced Persons


Book Description

Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.




The Emerging Law of Forced Displacement in Africa


Book Description

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.




The War Report


Book Description

This annual Report on armed conflicts around the world provides detailed information on each conflict which occurred in 2014. The Report sets out the conflicts' classification, applicable norms, key actors, methods of warfare, and the number of casualties. It also analyses key legal issues that arose in the context of these armed conflicts.




Internal Displacement and the Law


Book Description

The world faces more than 60 million people displaced by armed conflict and disasters as of 2022. Climate change is set to trigger large-scale displacement in the future. Internal Displacement and the Law discusses to what extent the present law can contribute to preventing, responding to, and resolving internal displacement and protecting the rights of these internally displaced persons (IDPs). It also identifies its weaknesses and examines ways to improve action. The book's analysis reflects the realities of internal displacement and the challenges faced by displaced individuals and communities, their hosts, governments, and international actors. Assessing the UN Guiding Principles on Internal Displacement and the Kampala Convention on the Protection and Assistance of Internally Displaced Persons in Africa, this enlightening volume investigates the relevance of international human rights and humanitarian law to the problem of displacement with an eye toward durable solutions. In line with its human rights approach, this work promotes a narrative that, based on the concept of sovereignty as responsibility, emphasizes the primary responsibility of states to address the needs of IDPs and views them as citizens with rights and agency rather than as vulnerable beneficiaries of humanitarian action. The author concludes that the body of relevant law amounts to an emerging legal regime on internal displacement whose substantive norms are largely adequate, but which faces specific institutional challenges at domestic and international levels that weaken efforts to address the plight of IDPs.




Internally Displaced Persons and International Refugee Law


Book Description

Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.